En the judicial hunt for former president lula pdf
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Transcript of En the judicial hunt for former president lula pdf
Over more than 40 years in public
service, every aspect of former Presi-
dent Lula’s life has been thoroughly
vetted: political, fiscal, financial and
even his personal life. No Brazilian
politician has ever been investi-
gated for so long: by the security
agents of the dictatorship, the press,
and his political opponents and by
congressional committees during
his two terms.
Despite the false charges that he
has suffered, nothing has ever been
shown to be wrong with Lula’s life
because he has always acted within
the law - before, during and after ha-
ving been president of Brazil. Only
the dictatorship dared to convict
and jail Lula in 1980, under the in-
famous National Security Law. His
crime of “subversion” was fighting
for democracy and the rights of
workers.
Since the re-election of President
Dilma Rousseff, in October 2014,
Lula has become the target of a veri-
table judicial witch-hunt. Politicized
agents of the state, the Public Prose-
cutors Office, the Federal Police and
the Judiciary, were mobilized to try
and find a crime - any crime - with
which to charge Lula and try him in
the courts.
Dozens of prosecutors, police in-
vestigators, Federal tax authorities
and even judges have been fran-
tically engaged in this process, in
complicity with the monopolies in
the media and professionals of du-
bious journalistic reputation.
In the absence of formal charges,
since Lula has always acted within
the law, they foment a trial by media
that is unfair and unbalanced - wi-
thout the right of response or rebut-
tal. Rumors, inferences and selective
investigative leaks are released with
great fanfare, a true moral and politi-
cal lynching.
It is clear that the goal of the mass
media and the most retrograde sec-
tors of Brazil is to take the former pre-
sident to Court in an obvious attempt
to keep Lula from being able to parti-
cipate the Brazilian political process.
They violated Lula’s banking and
fiscal records, and those of his family,
his public-speaking company and
the Lula Institute. They electronically
wiretapped Lula’s calls, those of his
family, his staff and even those of his
attorneys. In the early morning hours
they raided and searched Lula’s hou-
se, the homes of his children and the
Lula Institute.
They investigated all of the interna-
tional travel by the former president
– to discover who paid for the travel,
what aircraft was used, who accom-
panied him, where he stayed and
with whom he spoke, including he-
ads of state and government. They
investigated the lectures and even
the gifts that Lula received when he
was president.
And they found absolutely no-
thing to link Lula to the Petrobras
corrption scandal, the Lava Jato
investigaton or any other illegal
activity. No questionable deposits
no offshore accounts, no front com-
panies, not one penny was not ho-
nestly earned and declared for the
payment of taxes.
Not even the confessed defen-
dants in the Lava Jato investigation,
who made deals for reductions in
criminal and financial penalties in
exchange for information, dared to
say that Lula participated directly
or indirectly in the Petrobras cor-
ruption scandal. And this is terribly
frustrating for the hunters of the
former president.
In the absence of proof, evidence
or reliable witnesses, Lula’s perse-
cutors submit the former president
to a number of arbitrary constraints
that violate not only his constitutio-
nal rights, but the principles of the
democratic rule of law, threatening
the entire society.
WHILE TRYING TO FIND A CRIME - ANY CRIME - TO CONVICT LULA IN THE COURTS, OPPONENTS
OF BRAZIL’S MOST IMPORTANT POLITICAL LEADER ENGAGE IN A TRIAL BY MEDIA,
IN THE MOST EXTRAORDINARY DEFAMATION CAMPAIGN AGAINST A PUBLIC FIGURE IN THE
HISTORY OF THE COUNTRY.
OVER THESE TWO YEARS, THESE RIGHTS OF THE FORMER PRESIDENT HAVE BEEN VIOLATED:
• the right to fair treatment and the presumption of innocence;
• the right to an impartial Judge and a fair prosecutor;
• the right to examine the contents of the investigations and full access to the charges, which has been recognized by the National Council of the Public Prosecutor’s Office;
• the right to confidential communications with lawyers; as recognized by Supreme Court Justice Teori Zavaski;
• the right to confidential telephone communications; also recognized by Supreme Court Justice Teori Zavaski;
• the right to preserve the confidentiality of his personal financial, fiscal and banking data entrusted to agencies of the state and the Justice system;
• the right not to be investigated indefinitely beyond legal or reasonable limits for the reporting or presentation of charges;
• the right to privacy and the preservation of his image, provided for in Article 5 of the Constitution of Brazil.
• the right to reply in the media;
• the political right to engage in public service, for which he has always been prepared, denied by Supreme Court Justice Gilmar Mendes; and even the right to come and go, without the risk of a warrant for his arrest and no legal justification for his forceful “invitation” to give a statement to the investigators on March 4, 2016.
authorities that found nothing irregular in the Lula Institute or the LILS company;
• Breaking the seal of the fiscal and banking accounts held by Lula, the Lula, Institute, the LILS company and 12 individuals and 38 companies owned by people connected to former President;
• Opening and access to telephone and communications over the internet by Lula, his family, the Directors of the Lula Institute; even Lula’s atttorneys were affected by this illegal activity;
• 38 search and seizure warrants were executed in the homes of Lula and his family, employees and directors of the Institute, people connected to him, carried out with the abuse of authority, illegal seizures and sequester of the e-mail server of the Lula Institute;
Politically motivated agents of the
State carried out a veritable target
practice, attacking the Lula Institu-
te simultaneously on several legal
fronts for the same allegations, whi-
ch is unconstitutional, as well as an
affront to the universal principles of
law, adopted by Brazil in internatio-
nal treaties.
For example: the Attorney Gene-
ral of the Republic, Rodrigo Janot,
included the former President in
an investigation into corruption in
Petrobras by the Supreme Court.
At the same time, he requested the
transfer of the case to the Court of
Judge Sergio Moro, for investiga-
tions that deal with the same facts,
which means a double investiga-
tion of former President Lula.
LULA: LEGAL TARGET PRACTICE The successive and arbitrary attacks
on Lula occured in an atmosphere of a
legal and quasi-legal attack on several
different fronts simultaneously, which
suggests an orchestrated persecution.
Over these two years, the former
President, his family, the Lula Ins-
titute and his LILS speaking com-
pany have become the object of:
• 3 investigations opened by federal prosecutors for alleged (and nonexistent) charges concerning real estate that Lula does not own and lectures givenin accordance with the law;
• 1 criminal prosecution concerning the same facts, charged by State Prosecutors of the State of São Paulo;
• 1 investigation opened by Federal Prosecutors in Brasilia, concerning the international travels of former President;
• 1 investigation by the Federal Prosecutor-General to investigate facts related to the Lava Jato Operation;
• 1 criminal investigation proposed by the Federal Prosecutor General for the alleged (and nonexistent) attempts of the obstruction of Justice;
• 1 criminal investigation proposed by the Federal Prosecutors in Brasilia to investigate alleged (and non-existent) favors to one of the sons of the former president in proposing Provisional Measures for approval by the Congress
• 3 police investigations opened by the Federal Police in Brasília and in Paraná;
• 2 Federal Audits by the fiscal
ARBITRARY AND ABUSIVE PERSECUTION
Over the last 12 months, Lula has gi-
ven testimony 5 times to the Federal Po-
lice and the Federal Attorney General’s
Office and offered written testimony to
2 ivestigations.
Despite having complied with all war-
rants and requests and having provided
clarification to authorities voluntarily, on
March 4 of this year Lula was subjected
toi an illegal, arbitrary and, unjustified
and coercive summons to make a sta-
tement – truly a kidnapping by the lava
Jato Operation task force.
Lula was the target of a request for
pre-trial detention, an even more illegal,
less justifiable and arbitrary action, by the
State Prosecutors of São Paulo, which
was denied by in the Courts for being
blatantly illegal.
State agencies illegally leaked and
are still leaking Lula’s banking and tax
records to the press, as well as those of
his family, the Lula Institute and the LILS
Company.
him as if he has been convicted.
The result of the combined actions of
the agencies of the State and mass me-
dia is the largest oppressive propaganda
operation ever made against a public fi-
gure in Brazil. It is a lynching in the legal
system and the masss media and an in-
citement to hatred against the greatest
Brazilian political leader in modern times.
Lula is being persecuted because he
cannot be beaten at the polls. And des-
pite the systematic legal-media smear
campaign, Lula is still considered in the
polls as the best President Brazil has ever
had, in addition to leading the opinion
polls as a future presidential candidate.
LULA DOESN’T FLEE FROM JUSTICE; HE APPEALS TO JUSTICE.
The former President Lula systema-
tically appealed the abuses and ar-
bitrary decisions by State agencies
and the media that publishes lies
about him.
Lula’s defense attorneys requested
Judge Sergio Moro illegally tapped
and released private phone conversa-
tions between former President Lula,
his wife, Marisa Leticia, and their chil-
dren, along with various interlocutors
that have nothing to do with the facts
investigated, including a conversation
with the President of the Republic, Dilma
Rousseff.
This illegal leak – expressly condem-
ned as such by Supreme Court Justice
Teori Zavaski – was manipulated by the
media in order to prevent Lula from as-
suming the post of Minister of the Civil
Cabinet (Chief-of Staff), to which had
been nominated a few hours before the
unlawful disclosure.
No Brazilian political leader had his
or her private life, their bank accounts
or their movements so thoroughly sear-
ched. This constitutes a real conspiracy
against a private citizen, without respect
for his rights and denying him the pre-
sumption of innocence.
And after all this, there are no judicial
charges against Lula: he is not even a
defendant, but his accusers, in the appa-
ratus of the State and in the media, treat
and obtained a hearing on Discipli-
nary Procedures in the National Cou-
ncil of Public Prosecutors against
two public prosecutors who worked
in such a biased manner;
He appealed to the CNMP and con-
firmed the illegality of the inquiry by
Public Procesutors from the state of
São Paulo;
Appealed to the Supreme Court and
is now waiting for a decision regar-
ding a civil injunction to determine
who is responsible for investigating
the facts related to the Santa Barbara
property and the Solaris Condomi-
nium;
Appealed to the Court of Justice of
São Paulo and is waiting for a deci-
sion regarding the Judge decision
of the 4th Court on the same juris-
dictional challenge;
Presented a writ of habeas corpus
to the Supreme Court against unjust
decision of Supreme Court Justice
Gilmar Mendes, overturned by the
Supreme Court Justice Teori Zavas-
cki in his injunction against the Fe-
deral Attorney General’s office;
Presented an appeal to the Supre-
me Court contesting the decision by
Justice Gilmar Mendes preventing
him from assuming the post of Minis-
ter and Chief of Staff, even though
Lula meets all the constitutional and
legal requirements for the position;
Presented four requests for the re-
turn of personal property belonging
to his daughters-in-law and sons to
Judge Sergio Moro that was illegally
seized by the Federal Police.
Presented to the Attorney General of
the Republic an appeal against the
abusive acts and usurpation of juris-
diction on the part of Judge Sergio
Moro;
Filed an appeal with the Supreme
Court against against the abusive
acts and usurpation of the compe-
tence of the Supreme Court on the
part of Judge Sergio Moro;
And presented on July 5, an excep-
tion of suspicion in relation to judge
Sergio Moro that charges a lack of
impartiality in the his actions invol-
THE TRUTH ABOUT THE ALLEGATIONS AGAINST LULA
In depositions and arguments by
the lawyers of the Lula Institute, the
former President has explained all
the facts, answered all of the ques-
tions and countered the claims of his
detractors.
Lula began and left the Presidency
of the Republic with the same real esta-
te holdings that he had acquired throu-
ght the fruits of his labor and a working
life that began in his childhood.
He has not hidden of under esti-
mated his assets, he has no offsho-
re accounts and has not registered
goods in the names of other persons
or companies in tax havens.
And he never participated or be-
nefited, directly or indirectly, from
the Petrobras or any other corrup-
tion scandal or any sort, not before,
not during and not after having been
the President of the Republic.
A brief summary of respon-
ses to the allegations, with an in-
dication of any documents to
prove the truth is shown below:
The apartment in Guaruja: Lula
does not own and has never owned
apartment 164-A in the Solaris Con-
dominium, because his family did not
want the aparment, even after it has
been refinished by the true owner.
Complete information on: http://www.
institutolula.org/documentos-do-gua-
ruja-desmontando-a-farsa
The retreat in Atibaia: Lula has ne-
ver owned the Santa Barbara pro-
perty. The property was purchased
by friends of Lula and his family by
certified check, which eliminates the
possibility of money laundering and
concealment of assets. The costs of
any construction and/or refinishing
work on the property were borne by
ving Lula, by having published de-
cisions prior to having been ratified,
among other reasons.
Against his detractors in the media,
in Congress and in the underground
networks of defamation, lawyers for
the former President have presented:
• 6 criminal complaints;
• 6 criminal appeals;
• 9 lawsuits for moral damages;
• 5 requests for criminal investigations;
• and made two requests for the right of reply, one of which was accepted and another, against TV Globo still under consideration by the court.
The explanations to the courts and
society are due not from Lula but ra-
ther from the prosecutors, Federal
police and judges that abuse their
powers, along with the newspapers,
radio and TV stations that manipu-
lated false news and made baseless
accusations.
the owners and have nothing to do
with the Lava Jato investigation.
Complete information and docu-
ments about Atibaia and Lula’s par-
timony is shown on:
http://www.institutolula.org/o-que-o-
-ex-presidente-lula-tem-e-o-que-inven-
tam-que-ele-teria
Lula’s speeches and lectures: since
he left the Presidency, Lula has made
72 lectures and been contracted by 40
different companies to speak in Brazil
and abroad, with fees collected and ta-
xes paid through the LILS Company.
The fees and the contractual condi-
tions were the same for each of the 40
companies: both the 8 under investiga-
tion under operation Lava Jato and the
remaining 32, including INFOGLOBO,
owned by the family of Globo owner
Roberto Marinho. All lectures were
held, as shown in this report with the
dates, places, contractors, themes, pic-
tures, videos and news:
http://institutolula.org/uploads/relato-
riopalestraslils20160323.pdf
Donations to the Lula Institute: the
Lula Institute receives donations from
individuals and corporations, accor-
ding to the law, in order to maintain its
activities, and this has nothing to do
with the Lava Jato investigations. The
task force illegally released the names
of some donors, but hid others and did
not tell the public how this money is
used, which can be seen in the 2011
- 2015 Activities Report of the Lula
Institute: http://www.institutolula.org/
conheca-a-historia-e-as-atividades-do-
-instituto-lula-de-1993-a-2015
Presidential collection: the former
President Lula did not keep any of
the objects in the presidential collec-
tion illegaly, or commit any illegal act
in the storeage of these objects. The
note below note explains that Brazi-
lian law requires former Presidents to
maintain and preserve their collec-
tions, but does not point to means
and resources:
http://www.institutolula.org/acervo-
-presidencial-querem-criminalizar-o-
-legado-de-lula
The report that part of the acquisi-
tions have been used by Lula or that
he took anything from the Presiden-
tial Palace is untrue. The magazine
that published this false report is the
same one that took down the rumor
in a story published in 2010:
http://www.institutolula.org/epoca-fa-
z-sensacionalismo-sobre-acervo-que-
-ela-mesmo-noticiou-em-2010
Obstruction of Justice: former Pre-
sident Lula has never conversed with
former Senator Delcídio Amaral about
any activities or conspired to obstruct
justice. In a deposition given to the
Federal Attorney General on April 7,
former President Lula stated the facts
and denied the charges made by the
former Senator. Senator Delcídio did
not ofer any evidence, proof or testi-
mony to support his conclusions
LULA’S INTERROGATION
On this link, the full statement by Lula
to the investigators and police invol-
ved in Operation Lava Jato provided
when he was coerced into testifying at
Congonhas airport on 4 March 2016.
http://www.institutolula.org/leia-a-in-
tegra-do-depoimento-de-lula-a-pf-
-em-14-03